CHILD SUPPORT MODIFICATION NONSENSE

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Old Sep 15th, 2008, 09:22 PM   #1
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Default CHILD SUPPORT MODIFICATION NONSENSE

If the DOR files for child support modification after obtaining a financial statement from the custodial parent that is full of misrepresentation, what happens? For example, CP claims that her only income is from her job yet she receives unearned income of almost 5,000 each year by claiming head of household with two children. One of these children does not belong to the respondent in this case and that child's father lives with them. She is claiming she pays all of the rent and utilites, etc.. She also claims expenses for daycare for the other child. She claims school lunch money for the child in question even tho the child gets free lunches at school. She also wants the father to pay for all medical bills even tho the child is on a state medical plan. Will the DOR be successful in having child support increased (BF has had no change in financial status since last hearing and CP has no change except for receiving the unearned income credit for the past few years and since living with the other child's father has moved to an apartment twice as large and expensive as where she was living.
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Old Sep 15th, 2008, 10:15 PM   #2
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Default Re: CHILD SUPPORT MODIFICATION NONSENSE

The unearned income is probably not considered in the child support calculations.
Rent, utilities, and lunch money are probably inconsequential.
As for medical bills, the customary ruling is that the parent with the higher income carry the insurance. The custodial parent is typically responsible for the first $100 in annual medical expenses per child, after which any additional medical expenses are split (50/50, if the parents have similar incomes).
The State absolutely does not want the children on the State Medical plan. They want the parents to bear the medical expenses for the children.

If you have a higher income than her, you could possibly get the court to grant you the option of claiming the children on your tax return, as the savings would be greater. This is not uncommon for the courts to do.
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